What is the test for an application to set aside a Mareva injunction?
British Columbia, Canada
The following excerpt is from China Citic Bank Corporation Limited v. Yan, 2016 BCSC 2332 (CanLII):
An application to set aside a Mareva injunction should be approached as a hearing de novo, but should not be decided simply on the basis that the judge hearing the application would have exercised his or her discretion differently from the judge who made the original order: Netolitzky at para. 20; Ma v. Nutriview Systems Inc., 2011 BCCA 389 at para. 14. The court may consider new or additional material that is put forward as well as the evidence on which the original application was based: Ma at para. 17.
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